The cases of CPT Dave Staffel and MSG Troy Anderson seem very strange and the circumstances that led to their being charged with murder even stranger.

They are charged for the shooting of an Afghani male who had been identified and vetted by ODA 374 as a High Value Target and leader of a local terrorist cell. He was shot by MSG Anderson from approx. 100 yards on order from CPT Staffel. Both agreed they had positive identification (PID) of Nawab Buntangyar, and their Rules of Engagement (ROE) allowed them to use lethal force once they had PID of enemy forces or combatants. This standard was met and the hammer dropped.

The problem is the hammer was then dropped on these two gentlemen for this action seemingly in accordance with ROE. That is where the strangeness comes in. The ROE for detachments operating in the field is classified, but today I spoke with CPT Staffel's lawyer, Mr. Mike Waple. He has seen the ROE and was able to confirm that the standard in place was PID of a known enemy combatant. There is no argument about whether they got the right guy or whether they identified him properly. Mr. Waple states that it is "absolutely astonishing that charges were brought".

Some time after the event individuals either Afghani or American "raised red flags" about the incident and LTG Kearney ordered a 15-6 investigation to see if anything untoward had happened. This was conducted by an Air Force Colonel Pahana and he concluded that he saw no clear crime, and according to Mr. Waple, "That it was reasonable for ODA 374 to conclude that Nawab was a threat to the province and specifically an upcoming Medical Assistance mission they were going to conduct"

Because accusation had been made that possible violations of the Laws of Land Warfare had occurred, COL Pahana requested that Army CID conduct a criminal investigation to make a final determination. This investigation was conducted and the result was that CID concluded no violations of ROE or the Laws of Land Warfare were committed, they included a legal opinion from JAG concurring in this assessment. So then no problem for the two soldiers right?

Wrong, enter LTG Kearney. He was Commander of Special Ops Command- Central and he had final say on the disposition of this investigation and the lives of these two men. Against the judgment of two investigations he commissioned, he decided that murder charges were warranted. He believed that Nawab should have been captured rather than shot. There does not exist any order specifying that Nawab was to be captured, and having been vetted as a known terrorist he was subject to ventilation at any moment. Staffel and Anderson could not risk allowing a likely attempt to conduct a terror attack as they were trying to set up an upcoming medical treatment operation for villagers in the area.

That was a reasoned decision that should be and was made by a battlefield commander CPT Staffel. When Generals in offices over ride the decisions made in accordance with the applicable rules, we have a problem. This is not LTG Kearney's first instance of doing this either. He ejected the first Marine unit ever to deploy as part of Special Operations Command from Afghanistan after a vehicle ambush and shoot out. There was no clear cut answer as to what happened, but given conflicting US and Afghani statements LTG Kearney took the side of the Afghanis and sent the Marines home.

In this case he ignored his own experts and decided that the CPT on the ground made the wrong call. Mr. Waple called it "Inexcusable' for charges to be preferred. But they were and so there was an Art. 32 hearing in which the 15-6 investigation, the CID investigation and all other relevant factors were weighed and a recommendation to the Commander of Special Forces Command will be made as to whether charges should proceed or be dropped.

Mr. Waple said " We spent a day and a half arguing about whether he was right or correct in shooting the guy and we can't even all agree. That Captain had to make a decision immediately" The Art. 32 finished up yesterday and we will soon find out if our Special Ops troops can feel comfortable that their command has their backs or not. The jury is definitely out on LTG Kearney.

Disclaimer: I think I know MSG Anderson, although I haven't confirmed that.

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Does SOCOM have Spec Ops troop's backs?

The cases of CPT Dave Staffel and MSG Troy Anderson seem very strange and the circumstances that led to their being charged with murder even stranger.

They are charged for the shooting of an Afghani male who had been identified and vetted by ODA 374 as a High Value Target and leader of a local terrorist cell. He was shot by MSG Anderson from approx. 100 yards on order from CPT Staffel. Both agreed they had positive identification (PID) of Nawab Buntangyar, and their Rules of Engagement (ROE) allowed them to use lethal force once they had PID of enemy forces or combatants. This standard was met and the hammer dropped.

The problem is the hammer was then dropped on these two gentlemen for this action seemingly in accordance with ROE. That is where the strangeness comes in. The ROE for detachments operating in the field is classified, but today I spoke with CPT Staffel's lawyer, Mr. Mike Waple. He has seen the ROE and was able to confirm that the standard in place was PID of a known enemy combatant. There is no argument about whether they got the right guy or whether they identified him properly. Mr. Waple states that it is "absolutely astonishing that charges were brought".

Some time after the event individuals either Afghani or American "raised red flags" about the incident and LTG Kearney ordered a 15-6 investigation to see if anything untoward had happened. This was conducted by an Air Force Colonel Pahana and he concluded that he saw no clear crime, and according to Mr. Waple, "That it was reasonable for ODA 374 to conclude that Nawab was a threat to the province and specifically an upcoming Medical Assistance mission they were going to conduct"

Because accusation had been made that possible violations of the Laws of Land Warfare had occurred, COL Pahana requested that Army CID conduct a criminal investigation to make a final determination. This investigation was conducted and the result was that CID concluded no violations of ROE or the Laws of Land Warfare were committed, they included a legal opinion from JAG concurring in this assessment. So then no problem for the two soldiers right?

Wrong, enter LTG Kearney. He was Commander of Special Ops Command- Central and he had final say on the disposition of this investigation and the lives of these two men. Against the judgment of two investigations he commissioned, he decided that murder charges were warranted. He believed that Nawab should have been captured rather than shot. There does not exist any order specifying that Nawab was to be captured, and having been vetted as a known terrorist he was subject to ventilation at any moment. Staffel and Anderson could not risk allowing a likely attempt to conduct a terror attack as they were trying to set up an upcoming medical treatment operation for villagers in the area.

That was a reasoned decision that should be and was made by a battlefield commander CPT Staffel. When Generals in offices over ride the decisions made in accordance with the applicable rules, we have a problem. This is not LTG Kearney's first instance of doing this either. He ejected the first Marine unit ever to deploy as part of Special Operations Command from Afghanistan after a vehicle ambush and shoot out. There was no clear cut answer as to what happened, but given conflicting US and Afghani statements LTG Kearney took the side of the Afghanis and sent the Marines home.

In this case he ignored his own experts and decided that the CPT on the ground made the wrong call. Mr. Waple called it "Inexcusable' for charges to be preferred. But they were and so there was an Art. 32 hearing in which the 15-6 investigation, the CID investigation and all other relevant factors were weighed and a recommendation to the Commander of Special Forces Command will be made as to whether charges should proceed or be dropped.

Mr. Waple said " We spent a day and a half arguing about whether he was right or correct in shooting the guy and we can't even all agree. That Captain had to make a decision immediately" The Art. 32 finished up yesterday and we will soon find out if our Special Ops troops can feel comfortable that their command has their backs or not. The jury is definitely out on LTG Kearney.

Disclaimer: I think I know MSG Anderson, although I haven't confirmed that.

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Former Paratrooper and Army Officer, "Blackfive" started this blog upon learning of the valorous sacrifice of a friend that was not reported by the journalist whose life he saved. Email: blackfive AT gmail DOT com

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Bill Paisley, otherwise known as Pinch, is a 22 year (ongoing) active and
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Mr. Wolf has over 26 years in the Army, Army NG, and USAR. He’s Airborne with 5 years as an NCO, before becoming an officer. Mr. Wolf has had 4 company commands. Signal Corp is his basic branch, and Public Affairs is his functional area. He recently served 22 straight months in Kuwait and Iraq, in Intel, PA, and senior staff of MNF-I. Mr. Wolf is now an IT executive. He is currently working on a book on media and the Iraq war. Functional gearhead.

In Iraq, he received the moniker of Mr. Wolf after the Harvey Kietel character in Pulp Fiction, when "challenges" arose, they called on Mr. Wolf...
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Deebow is a Staff Sergeant and a Military Police Squad Leader in the Army National Guard. In a previous life, he served in the US Navy. He has over 19 years of experience in both the Maritime and Land Warfare; including deployments to Southwest Asia, Thailand, the South Pacific, South America and Egypt. He has served as a Military Police Team Leader and Protective Services Team Leader and he has served on assignments with the US State Department, US Air Force Security Police, US Army Criminal Investigation Division, and the US Drug Enforcement Administration. He recently spent time in Afghanistan working with, training and fighting alongside Afghan Soldiers and is now focused on putting his 4 year Political Science degree to work by writing about foreign policy, military security policy and politics.

McQ has 28 years active and reserve service. Retired. Infantry officer. Airborne and Ranger. Consider my 3 years with the 82nd as the most fun I ever had with my clothes on. Interests include military issues and policy and veteran's affairs.
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Tantor is a former USAF navigator/weapon system officer (WSO) in F-4E Phantoms who served in the US, Asia, and Europe. He is now a curmudgeonly computer geek in Washington, DC, picking the taxpayers pocket. His avocations are current events, aviation, history, and conservative politics.

Twenty-three years of Active and Reserve service in the US Army in SF (18B), Infantry and SOF Signal jobs with operational deployments to Bosnia and Africa. Since retiring he's worked as Senior Defense Analyst on SOF and Irregular Warfare projects and currently ensconced in the emerging world of Cyberspace.

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A Marine who began his blog in Iraq and reflects back on what he learned there and in Afghanistan. To the point opinions, ideas and thoughts on military, political and the media from One Marine’s View.Email: onemarinesview AT yahoo DOT com

Uber Pig was an Infantryman from late 1991 until early 1996, serving with Second Ranger Battalion, I Corps, and then 25th Infantry Division. At the time, the Army discriminated against enlisted soldiers who wanted use the "Green to Gold" program to become officers, so he left to attend Stanford University. There, he became expert in detecting, avoiding, and surviving L-shaped ambushes, before dropping out to be as entrepreneurial as he could be. He is now the founder of a software startup serving the insurance and construction industries, and splits time between Lake Tahoe, Boonville, and San Francisco, CA.

Uber Pig writes for Blackfive a) because he's the proud brother of an enlisted Civil Affairs Reservist who currently serves in Iraq, b) because he looks unkindly on people who make it harder for the military in general, and for his brother in particular, to succeed at their missions and come home in victory, and c) because the Blackfive readers and commenters help keep him sane.

COB6 spent 24 years in the active duty Army that included 5 combat tours with service in the 1st Ranger Battalion and 1st Special Forces Group . COB6 was enlisted (E-7) and took the OCS route to a commission. COB6 retired a few years back as a field grade Infantry officer.
Currently COB6 has a son in the 82nd Airborne that just returned from his third tour and has a newly commissioned daughter in the 4th Infantry Division.